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Coldy gets 50 years in prison

Tempress Lynette Coldy, left, stands with her attorney, Michael Nielsen, in front of Circuit Court Judge Wendy Berger while pleading guilty to second-degree murder for the shooting death of Marvis Storey on Friday afternoon. By DARON DEAN, daron.dean@staugustine.com

Tempress Lynette Coldy turned 24 on Tuesday.

She'll be 70 when she's eligible to get out of prison.

St. Johns Circuit Judge Wendy W. Berger sentenced Coldy to 50 years Friday afternoon after the defendant admitted shooting her cousin to death in a botched robbery in January 2009.

Because of the provisions of the 10-20-Life law, Coldy will serve the first 25 years of her sentence without accruing "good time."

Assistant State Attorney Mark Johnson estimated she will be in prison for 46.25 years.

Coldy has seldom spoken or changed her determined expression in the year and a half she's been coming to the St. Johns County courtroom.

But she shed several tears when her victim's aunt turned to her and said, "This is your funeral today."

Coldy and co-defendant Rudolph Pernell Rowe, 23 at the time, armed themselves and went to the West Fifth Street home of Marvis Laron Storey on Jan. 13, 2009, Johnson told Berger.

Coldy had told Storey, 26, she wanted to buy some marijuana from him, but she and Rowe intended all along to rob him, Johnson said.

Rowe pulled his gun and demanded marijuana, said the prosecutor.

"When Mr. Storey did not cooperate, Mr. Rowe actually pulled the trigger," Johnson said. "Because the gun was on safety, (it) did not go off."

The two men struggled.

Coldy pulled out her gun, fired a warning shot into the ceiling, "then shot Mr. Storey in the chest and killed him," said Johnson.

A neighbor told officers that two suspects were seen running from the area.

Rowe had been released from a state prison in August 2006 after serving 11 months of a 15-month sentence for battery by a detainee, according to Florida Department of Corrections records.

He was set to accept a 21-year sentence in June but changed his mind at the last minute, saying he wanted to "roll the dice" at trial.

His trial is tentatively scheduled to begin Sept. 20.

Coldy served 13 months of a 23-month sentence for selling cocaine and shooting or throwing a missile into a building or vehicle.

She had been released from Hernando Correction Institution in Brooksville two months before she shot Storey.

During a Tuesday court appearance, defense attorney Michael Nielsen said negotiations with the state were continuing. Coldy, he said, was ready to plead at any time "to a significant number of years - 30, 35 years in prison."

The prosecution wanted more and recommended 50 years, Nielsen said Friday.

Coldy agreed.

"It was a hard thing to do, but it really was in her best interest," Nielsen said after the sentencing.

Coldy had been scheduled to go to trial Monday for first-degree murder with a firearm. If she had been convicted, the only possible sentence was life without parole.

Her plea on Friday was to second-degree murder with a firearm.

Johnson announced that the prosecution wasn't going to pursue additional charges of battery, burglary of a dwelling with assault or battery and tampering with a witness.

A third defendant, Sabrina Desarae Williams, was scheduled to testify against Coldy at trial.

Coldy got Williams to drive her and Rowe to Storey's house, then return and pick them up, Johnson said Friday. It is unclear if she knew the pair was planning a robbery.

She is scheduled for a pre-trial hearing on Oct. 5

Coldy had told the judge that she got to the 10th grade but had never worked.

"Perhaps if you had continued your education, gotten yourself a job and found other ways to earn a living, you wouldn't be standing where you are today," Berger told her. "And Mr. Storey would still be alive."